Sec. 34-503. Certificate of trust.
Sec. 34-503. Certificate of trust. (a) Every statutory trust shall file the original,
signed copy of its certificate of trust with the office of the Secretary of the State. The
certificate of trust shall set forth:
(1) A name of the statutory trust that satisfies the requirements of section 34-506;
(2) The future effective date, which shall be a date certain, of effectiveness of the
certificate if it is not to be effective upon the filing of the certificate;
(3) The principal office address of the statutory trust;
(4) The appointment of a statutory agent for service of process, as required by section 34-507; and
(5) Any other information the trustees determine to include therein.
(b) (1) A certificate of trust may be amended by filing a certificate of amendment
thereto with the office of the Secretary of the State. The certificate of amendment shall set
forth: (A) The name of the statutory trust; (B) the date of filing of the original certificate of
trust; (C) the amendment to the certificate; and (D) the future effective date, which shall
be a date certain, of effectiveness of the certificate if it is not to be effective upon the
filing of the certificate.
(2) A certificate of trust may be amended at any time for any purpose as the trustees
may determine, provided the certificate of trust as amended contains those provisions
that are required by law to be contained in a certificate of trust at the time of making
the amendment.
(c) (1) A certificate of trust may be restated by integrating into a single instrument
all of the provisions of the certificate of trust which are then in effect and operative as
a result of there having been theretofore filed one or more certificates of amendment
pursuant to subsection (b) of this section, and the certificate of trust may be amended
or further amended by the filing of a restated certificate of trust. The restated certificate
of trust shall be specifically designated as such in its heading and shall set forth: (A)
The present name of the statutory trust and, if it has been changed, the name under which
the statutory trust was originally formed; (B) the date of filing of the original certificate
of trust; (C) the information required to be included pursuant to subsection (a) of this
section; (D) the future effective date, which shall be a date certain, of effectiveness of
the restated certificate of trust if it is not to be effective upon the filing of the restated
certificate of trust; and (E) any other information the trustees determine to include
therein.
(2) A certificate of trust may be restated at any time for any purpose as the trustees
may determine.
(d) A certificate of trust shall be cancelled upon the completion of winding up of
the statutory trust and its termination. A certificate of cancellation shall be filed in the
office of the Secretary of the State and set forth: (1) The name of the statutory trust; (2)
the date of filing of the original certificate of trust; (3) the reason for filing the certificate
of cancellation; (4) the future effective date, which shall be a date certain, of cancellation
if it is not to be effective upon the filing of the certificate; and (5) any other information
the trustees determine to include therein.
(e) Unless the office of the Secretary of the State determines that a document filed
with it pursuant to this section does not conform to law, it shall, when all required filing
fees have been paid, endorse on each signed original of such document the word "Filed"
and the date and time of its acceptance for filing and retain the original in its files.
(P.A. 96-271, S. 230, 254.)
History: P.A. 96-271 effective October 1, 1997.